Adams v Lambert [2004] FCA 928

FEDERAL COURT OF AUSTRALIA

Adams v Lambert [2004] FCA 928 BANKRUPTCY – bankruptcy notice – statutory source of entitlement to interest incorrectly identified in bankruptcy notice – whether error was a failure to meet a requirement made essential by the Bankruptcy Act 1966 (Cth)

Bankruptcy Act 1966 (Cth), s 41 Australian Steel Co (Operations) Pty Ltd v Lewis (2000) 109 FCR 33 followed Commonwealth Bank of Australia v Booth [2002] FCA 430 distinguished Cosco v Tsatsoulis [2002] FCA 358; (2002) 189 ALR 559 followed Kleinwort Benson Australia Limited v Crowl (1988) 165 CLR 71 discussed Kyriackou v Shield Mercantile Pty Limited [2004] FCA 490 referred to Marshall v General Motors Acceptance Corporation Australia (2003) 127 FCR 453 considered St George Bank Ltd v Baldwin [2001] FCA 161 distinguished COLIN ADAMS v MATTHEW LAMBERT ACD 14 OF 2004 COLIN ADAMS v REGINALD LAMBERT ACD 15 OF 2004 GYLES J 1 JULY 2004 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 14 OF 2004

BETWEEN: COLIN ADAMS

APPLICANT CREDITOR

AND: MATTHEW LAMBERT

RESPONDENT DEBTOR

JUDGE: GYLES

DATE OF ORDER: 1 JULY 2004

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The petition be dismissed. 2. The applicant petitioner is to pay the respondent debtor's costs (including any reserved costs). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 15 OF 2004

BETWEEN: COLIN ADAMS

APPLICANT CREDITOR

AND: REGINALD LAMBERT

RESPONDENT DEBTOR

JUDGE: GYLES

DATE OF ORDER: 1 JULY 2004

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The petition be dismissed. 2. The applicant petitioner is to pay the respondent debtor's costs (including any reserved costs). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.